Exhibit 10.38


    Exhibit
      10.38

     

    FINANCIAL
      CONSULTING AGREEMENT

    


    This
      agreement is made by and between DNAPrint
      Genomics, Inc.,
      a Utah
      based corporation having its principle office at 900 Cocoanut Avenue, Sarasota,
      Florida 34236 (the “COMPANY”), and Market Pulse LLC, having its principle office
      at 4221 Potters Walk, Atlanta, Georgia 30342 (the “CONSULTANT”).

    


    In
      consideration of the mutual promise contained herein and on the terms and
      conditions hereinafter set fourth, the Company and Consultant agree as
      follows:

    


    


    1. PROVISION
      OF SERVICES:
      Investor
      Relations Program for DNAPrint Genomics, Inc. for the next three (3)
      months.

     

    (A) Consultant
      shall, to the extent reasonably required, develop and coordinate a program
      to
      increase public awareness of DNAPrint Genomics, including particularly among
      the
      investment community, which program will include the following services to
      be
      rendered by the Consultant as well as the additional services which may be
      provided by third parties as provided below:

    


      (I) Market-Pulse.com
      Online Newsletter - DNAPrint Genomics will be in our newsletter profile for
      the
      next three (3) months. We will email our subscriber base once a week for the
      next three (3) months. Our email subscriber base is made up of thousands of
      investors, brokers and financiers interested in small and micro-cap companies.
      In addition, at any time DNAPrint Genomics releases a press release during
      the
      duration of the contract, we will also email our subscribers with that press
      release.

     

    (II) Profile
      on Market Pulse Navigator web site for the next three (3) months.

    


    (III) Investment
      Opinion - Market Pulse may, in its sole discretion, issue a favorable


    investment
      opinion anytime DNAPrint Genomics issues a press release that Market Pulse
      deems to be a significant positive event for the company.

     

    


    Please
      courier an investor’s package and any current press releases to the production
      department: Attn: Victoria Stowers, 93 County Road 635, Chancellor, AL
      36316.

    


    (B) Consultant
      shall use its best efforts in the furnishing of advice and recommendations,
      and
      for this purpose consultant shall, at all times, maintain or keep and make
      available qualified persons or a network of qualified outside professionals
      for
      the performance of its obligations under this agreement. To the extent
      reasonably practical, consultant shall use its own personnel rather than outside
      professionals.

     

    2. COMPENSATION 

    


    
      	(A)  	
              The
                total cost for the Consultant’s services is $75,000 (US Funds) and two
                million restricted shares of stock in DNAPrint Genomics, Inc. as
                payment
                for the consulting agreement. Please make check payable to Market
                Pulse
                LLC. Please issue stock certificate to Market Pulse LLC. Please courier
                check and stock certificate to Market Pulse LLC, Attn: Bernard Schmitt
                at:
                4221 Potters Walk, Atlanta, Georgia 30342.


            


    

     

    3.
       LIABILITY;
      INDEMNIFICATION

    


    (A) The
      Company shall indemnify, hold harmless and defend Consultant and its officers,
      directors, employees and agents from, against and in respect of any loss,
      damage, liability, judgment, cost or expense whatsoever, including counsel
      fees,
      suffered or incurred by it or him by reason of, or on account of, its status
      or
      activities as a consultant to the Company hereunder, except for any loss ,
      damage, liability, judgment, cost or expense resulting from willful malfeasance,
      bad faith or gross negligence in the performance of Consultant’s duties
      hereunder.

    


    (B) Consultant
      shall indemnify, save harmless and defend the Company from, against and in
      respect of any loss, damage, liability, judgment, cost or expense whatsoever,
      including counsel fees, suffered or incurred by it or him by reason of, or
      on
      account of, willful malfeasance, bad faith or gross negligence in the
      performance of Consultant’s duties hereunder.

     

    4. STATUS
      OF CONSULTANT

    


    Consultant
      shall at all times be an independent contractor of the Company and, except
      as
      expressly provided or authorized by this Agreement, shall have no authority
      to
      act for or represent the Company. The Company acknowledges that the Consultant
      may, from time to time, subcontract the performance of certain of its services
      hereunder to third parties, in which event the Consultant shall be responsible
      for the timely and professional performance of such services as if the
      Consultant had provided same.

     

    5. OTHER
      ACTIVITIES OF CONSULTANT

    


    The
      Company recognizes that Consultant now renders and may continue to render
      management and other services to other clients, which may or may not have
      policies and conduct activities similar to those of the Company. Consultant
      shall be free to render such advice and other services and the Company hereby
      consents thereto. Consultant shall not be required to devote its full time
      and
      attention to the performance of its duties under this Agreement, but shall
      devote only so much of its time and attention as it deems reasonable or
      necessary for such purposes.

     

    6. TERMS 

    


    
      	(A)  	
              Consulting
                agreement will become effective upon receipt of signed contract and
                payment.

            


    

    


    
      	(B)  	
              DNAPrint
                Genomics, Inc. hereby authorizes and agrees to allow Market
                Pulse (MP) to republish any and all of its press releases including,
                but not limited to, Market Pulse republishing these press releases in
                its investment opinion called Market Pulse Breaking News
                Alert.

            


    

    


    7. IN
      GENERAL 

    


    This
      agreement sets forth the entire agreement and understanding between the parties
      with respect to its subject matter and supersedes all prior discussions,
      agreements and understandings of any nature between them with respect thereto.
      This agreement shall be governed by and construed in accordance with the laws
      of
      the State of Georgia applicable to agreements made to be performed entirely
      within such State.

    


    IN
      WITNESS WHEREOF, The parties have caused this agreement to be signed by their
      respective officers or representatives duly authorized on the day and year
      first
      below written:

     

    DNAPrint
      Genomics, Inc.

    


    


    


    


    /s/
      Richard
      Gabriel               
_____________________      

    Richard
      Gabriel      Date

    CEO
&
      President

     

    Market
      Pulse LLC

     

    /s/
      Bernard R. Schmitt         
February
      22, 2006

    Bernard
      R.
      Schmitt                                  
Date

    Chief
      Executive Officer

    Market
      Pulse LLC